Act Governing Retirement, Severance, and Bereavement Compensation Under the Individual Account System for the Teaching and Other Staff of Public Educational Institutions Article 55
If any of the following circumstances apply to a staff member or any of their survivors, that person’s right to claim retirement and benefit payments shall be extinguished:1. The person has been deprived of their civil rights for life.2. The person has been found guilty of a criminal offense against the internal or external security of the State, after the end of the Period of National Mobilization for Suppression of the Communist Rebellion, and convicted with no further right of appeal.3. The staff member renounces, or does not have, ROC citizenship.4. The staff member is dismissed, discharged, removed from employment, or denied renewal of employment, in accordance with the law.5. A survivor of the staff member who is a bereavement compensation recipient has been convicted of a crime and sentenced with no further right of appeal for having intentionally caused the death of a currently employed staff member or another survivor entitled to receive such a benefit, for the purpose of receiving bereavement compensation6. When governed by special provisions of other legislation.Under any of the following circumstances, a person receiving a monthly or partial monthly pension, or a survivor receiving monthly bereavement compensation, the person shall lose the right to continue to receive that monthly pension or monthly bereavement compensation:1. The person dies.2. The person has been deprived of their civil rights for life.3. The person has been found guilty of a criminal offense against the internal or external security of the State, after the end of the Period of National Mobilization for Suppression of the Communist Rebellion, and convicted with no further right of appeal.If a staff member or their survivor(s)loses the right to receive retirement or benefit payments in accordance with either of the two preceding paragraphs, except in the circumstances referred to in Paragraph 2, Subparagraph 5, an application may still be made for return of the retirement and compensation funds that were contributed by the staff member. However, for a person referred to in the preceding paragraph, the amount that may be returned is limited to the difference between the amount of the retirement and compensation money that was contributed by the staff member who retired or who died while they were still employed, and the amount that has already been received as monthly pension or monthly bereavement compensation payments. If there is no such difference, no amount will be returned.
中文原文 公立學校教職員個人專戶制退休資遣撫卹條例第55條
教職員或其遺族有下列情形之一者,喪失申請退撫給與之權利:
一、褫奪公權終身。
二、動員戡亂時期終止後,犯內亂罪、外患罪,經判刑確定。
三、教職員喪失或未具中華民國國籍。
四、教職員經依法被撤職、免職、免除職務、解聘或不續聘。
五、教職員之遺族為支領撫卹金,故意致該現職教職員或其他具領受權之遺族於死,經判刑確定。
六、其他法律有特別規定。
支領或兼領月退休金人員,或支領月撫卹金之遺族有下列情形之一者,喪失繼續領受月退休金或月撫卹金之權利:
一、死亡。
二、褫奪公權終身。
三、動員戡亂時期終止後,犯內亂罪、外患罪,經判刑確定。
教職員或其遺族有前二項喪失退撫給與領受權利者,除第一項第五款之情形外,仍得申請發還教職員本人提繳之退撫儲金。
但前項人員僅得發還該退休或在職死亡教職員本人所提繳之退撫儲金與已領之月退休金或月撫卹金之差額;無差額者,不再發還。
一、褫奪公權終身。
二、動員戡亂時期終止後,犯內亂罪、外患罪,經判刑確定。
三、教職員喪失或未具中華民國國籍。
四、教職員經依法被撤職、免職、免除職務、解聘或不續聘。
五、教職員之遺族為支領撫卹金,故意致該現職教職員或其他具領受權之遺族於死,經判刑確定。
六、其他法律有特別規定。
支領或兼領月退休金人員,或支領月撫卹金之遺族有下列情形之一者,喪失繼續領受月退休金或月撫卹金之權利:
一、死亡。
二、褫奪公權終身。
三、動員戡亂時期終止後,犯內亂罪、外患罪,經判刑確定。
教職員或其遺族有前二項喪失退撫給與領受權利者,除第一項第五款之情形外,仍得申請發還教職員本人提繳之退撫儲金。
但前項人員僅得發還該退休或在職死亡教職員本人所提繳之退撫儲金與已領之月退休金或月撫卹金之差額;無差額者,不再發還。